Постановление Европейского суда по правам человека от 29.04.2010 «Дело Юрий Яковлев (Yuriy Yakovlev) против России» [англ.]

ention the court takes into account that [the applicant] is suspected of a crime which the law defines as a particularly serious [criminal offence]. If released, [the applicant] may continue with criminal activities, may abscond from the investigation and trial, may negatively influence prosecution witnesses and other participants in the criminal proceedings, may try to contact his accomplices who are on the run and may destroy or falsify evidence in the case.
Moreover, having connections in the law enforcement and other State bodies, [the applicant] may obstruct the identification and retrieval of [other] accomplices, thus influencing the lawfulness, objectivity and thoroughness of the criminal investigation.
According to the information provided by the head of the FSB Department on 2 July 2007, [the applicant] is now taking steps to obstruct the investigation by persuading persons who possess information pertaining to his criminal activities to distort the facts, and he is also liable to [take] other steps to avoid criminal responsibility.
The court has no reason not to trust that information.
As follows from the materials presented by the investigator, [the applicant] has not yet been served with the final bill of indictment, for objective reasons.
At the same time, the criminal investigation authorities suspect [the applicant] of a criminal offence established by Article 290 § 4 (a), (d) of the Russian Criminal Code, which the law places in the category of particularly serious [criminal offences], punishable by seven to twelve years' imprisonment, and [the applicant] acquired the status of a suspect as a result of evidence collected by the investigation in the case:
- video and audio recordings, which were made during operational technical arrangements in 2005 - 2006, where statements about bribe-taking by the above-mentioned persons, made by representatives of the regional funds and pharmaceutical companies, were recorded, and statements about the distribution of money received as bribes [were also recorded];
- documents discovered in the above-mentioned persons' offices;
- search records in the places of residence of the accused, including the applicant, as a result of which large sums of money were found;
- statements by a witness, Mr K., who confirmed his statements during a confrontation interview with Ms K.; documents given by [Mr K.] to the investigation authorities;
- initial statements by an accused, Mr T., who confirmed that he, [the applicant] and other employees of the Fund, had received money from Mr K. as bribes;
- statements by Mr Ku., who claimed that, while working in the Federal Fund as the head of the administrative service division, in 2006, on a number of occasions he had received various sums of money from Ms K. Mr Ku. confirmed his statements during a confrontation interview with Ms K. During the investigation Mr Ku. voluntarily handed over unlawfully obtained sums;
- statements by two of the accused, Ms M. and Ms F., who described the circumstances in which in 2005 - 06 they had received bribes from representatives of the regional funds and pharmaceutical companies, and who knew that part of the money received had been given to [the applicant]. In the course of the investigation Ms M. and Ms F. voluntarily handed over to the investigators unlawfully obtained money;
- statements by a number of representatives of the regional funds and pharmaceutical companies who described circumstances in which they had had to bribe officials of the Federal Fund.
Having regard to the particular circumstances of the case, the character and gravity of the criminal offence, and the information pertaining to [the applicant's] personality, the court considers that the application for an authorisation of the arrest is lawful and well-founded and should be accepted.



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